July

The Florida Legislature has enacted a requirement for nonpublic colleges, universities and schools. All such institutions are required to inform employees and students at orientation and on the school's website of the existence of the Florida Department of Law Enforcement sexual-predator-registry website and the toll-free telephone number that gives access to sexual predator and sexual offender public information. There is an increased presence of sexual offenders or sexual predators who are often under the radar for most institutions: parents, grandparents, or individuals on the authorized pickup lists. Many schools do not perform criminal-background checks on these individuals.

Oklahoma and Louisiana have enacted their own legislation aimed at restricting access by employers to applicants' and employees' personal online content, further complicating the patchwork of state password protection laws already in place. To ensure compliance, employers with operations in Oklahoma or Louisiana should understand the requirements of each law. Oklahoma's new law becomes effective on November 1, 2014. Louisiana's new law becomes effective on August 1, 2014. In general, the best practice is not to seek access to personal online content except where there is a strong business interest for doing so that is recognized in the applicable password protection law.

Employers in Indiana, Illinois, and Wisconsin are likely to see their legal fees increase as a result of a Seventh Circuit decision that allows the EEOC to file suit immediately instead of first trying to negotiate a settlement with the employer. The court held that Title VII of the Civil Rights Act of 1964 does not contain an affirmative defense for employers to use against the EEOC during litigation. As a result, the EEOC does not have to concern itself with good-faith conciliation. It can go to the negotiation table with take-it-or-leave-it settlement offers, and employers have no recourse.